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DC Court Ruling Regarding HFC Phasedown

On August 8th, the ruling of the EPA vs. Mexichem Fluor & Arekema was reached. The ruling was 2-1 in favor of the two chemical companies, Mexichem Fluor & Arkema. The verdict, decided by the U.S. Court of Appeals, concluded the EPA has no direct authority to ban the use of HFC’s. Section 612 of the Clean Air Act originally associated with ozone depleting substances, did not prohibit the use of substances with high global warming potential. Since HFC’s are not ozone-depleting substances, the EPA has no legal authority to ban the use of these.

The Kigiali Agreement has yet to be ratified by Congress and until then individuals cannot legally be required to replace HFC's.

There is a chance this ruling could be appealed within 45 days. A-Gas Americas plans to monitor the EPA’s response and wait patiently for any further developments associated with the ruling.